Publications

Section Newsletter Articles on Collections

New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner Commercial Banking, Collections, and Bankruptcy, November 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
Five reasons to collect a retainer up front in lieu of getting paid at the closing By Colleen L. Sahlas Real Estate Law, April 2011 Avoid risks and take the simple step of collecting a retainer up front.
Courts should avoid making sausage out of an LLC member’s interest during collection proceedings By Megan A. Drefchinski and Jonathan Linnemeyer Commercial Banking, Collections, and Bankruptcy, June 2010 Two cases-- with very different outcomes-- have challenged the issue of whether a creditor can foreclose a judgment lien on an interest in an Illinois limited liability company.
Courts should avoid making sausage out of an LLC member’s interest during collection proceedings By Megan A. Drefchinski and Jonathan Linnemeyer Business and Securities Law, January 2010 Despite the relatively unambiguous language of Section 30-20 of the Illinois Limited Liability Company Act (805 ILCS 180/30-20) (“Section 30-20”), it appears some courts have difficulty addressing the rights of judgment creditors seeking to satisfy a judgment through a limited liability company member’s interest.